Mermaids vs LGB Alliance and the Charity of Commission of England and Wales
Action seeking to remove charitable status from the LGB Alliance
Status update July 2023
Judgment was delivered on 6 July 2023 and can be read here. Mermaids were not successful in their action against the LGB Alliance and the Charity Commission. The judges decided that the law does not permit Mermaids to challenge the decision made by the Charity Commission to register LGB Alliance as a charity.
Statements from all three parties following the judgment can be read here:
Status update May 2023
It’s 6 months since the last day of the hearing of Mermaids case against the Charity Commission. We are still waiting for the judgment - and do not know when it will be issued.
The decision will go to the parties representatives as an ‘embargoed draft’ to invite checks for typos. If that happens with the decision in this case, any amendments arising might slow the final release by a few days.
The finalised judgment will then be sent direct to the parties to the case, and then the judgment will be published online. Since 2022, decisions for publication from the General Regulatory Chamber, the court which heard the case, are sent to the National Archive web page at https://caselaw.nationalarchives.gov.uk/structured_search (select the filter option for ‘First-tier Tribunal (General Regulatory Chamber’). The clerks aim to have judgements available online as soon as possible, subject to any specific judicial directions if applicable. It’s possible that we might get the judgment more quickly direct from one of the parties, Mermaids, the Charity Commission or the LGB Alliance, after final issue.
Background
Mermaids, a charity self described as ‘helping gender-diverse kids, young people and their families since 1995’ , has brought this action to challenge the decision of the The Charity Commission to award LGB Alliance charity status. Mermaids are assisted by the Good Law Project, described on their website as undertaken the crowdfunding for the action. We understand it to be highly unusual for one charity to seek to remove the charitable status of another and we could not find other reported instances of this.
The matter is being heard in the First Tier Tribunal of the General Regulatory Chamber. The hearing is hybrid; conducted in person but with remote access granted for some observers, including Tribunal Tweets. Remote access makes it possible for us to cover the portion of the proceedings that are accessible to the public but it is imperfect. The remote access is a livestream of the hearing from an individual camera and universal microphone. It is sometimes hard to identify who is speaking in this format because many individuals have their backs to the camera; so we apologise in advance for any mistakes we make in this respect.
We have been instructed by the judge to amend any relevant and significant errors that are made. We agreed to do this as promptly with subsequent tweets as we became aware of them. We had no suggested corrections from the parties or from the Tribunal.
Skeleton arguments published with agreement of all parties and the Tribunal.
Charity Commission Full Decision on Charitable Status for LGB Alliance.
Mermaids public statement on appealing against LGB Alliance charitable status
Supporting Notes, Submission, Michael Gibbon KC, for Mermaids
Live tweet threads
The evidence phase of the hearing took place over 5 days in September. Counsels’ closing submissions were heard on 7th and 8th of November.
9 September- primarily procedural matters
12 September morning - Paul Roberts of LBGT Consortium giving evidence, examined by Akua Reindorf.
12 September afternoon - Paul Roberts of LGBT Consortium giving evidence, examined by Akua Reindorf.
13 September morning - John Nicolson, MP giving evidence, examined by primarily Karon Monaghan KC, also Dr. Belinda Bell, chair of trustees of Mermaids, examined by Karon Monoghan
13 September afternoon - Dr. Belinda Bell continuing examined primarily by Karon Monaghan KC. Followed by evidence from Bev Jackson of LGB Alliance with examination by Michael Gibbon KC.
14 September morning - evidence from Bev Jackson of LGBA
14 September afternoon - evidence from Bev Jackson and Kate Harris, examination variously by Karon Monaghan KC and Michael Gibbon KC.
15 September morning - conclusion of evidence from Kate Harris, and evidence from Eileen Gallagher, chair of trustees of LGBA. Examination primarily by Michael Gibbon KC.
15 September afternoon - evidence from Eileen Gallagher, examination primarily by Michael Gibbon KC. Administrative matters.
7 November morning - Submission by Michael Gibbon KC, counsel for Mermaids
7 November afternoon - Submission by Iain Steele KC, Counsel for Charity Commission
8 November morning - Submission by Karon Monaghan KC for LGB Alliance.
Witness statements
Witness statements are published by agreement of the parties and the court on the LGBAlliance website. They will appear only once a witness has begun testimony.
Abbreviations:
J or Judge - Judge Lynn Griffin, Presiding Judge,
AJ - Judge Joe Neville, Assistant to Judge
MG - Michael Gibbon KC, Counsel for Mermaids
KM - Karon Monaghan KC - Counsel for LGB Alliance
AR - Akua Reindorf, Assistant to KM
IS - Iain Steele, Charity Commission counsel
Witnesses
JN - John Nicolson MP, Member of Parliament for Ochil and South Perthshire and Deputy Chair of the All-Party Parliamentary Group on Global LGBT+ Rights.
BB - Dr Belinda Bell Chair of trustees of Mermaids.
PR - Paul Roberts OBE, CEO of LGBT Consortium
BJ - Beverley Jackson, Co-founder and trustee of LGBAlliance
KH - Kate Harris, Co-founder and trustee of LGB Alliance.
EG - Eileen Gallagher OBE, Chair of trustees of LGB Alliance, having joined in May 2021.
Other frequent abbreviations
WS - witness statement
EA - Equality Act 2010
MM - Mermaids
CC - Charity Commission
LGBA - LGB Alliance
BITWB - ‘born in the wrong body’
TATG - trans away the gay’
Press Coverage
This section includes links to a selection of press coverage about the case. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only, with most recent first - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived.
24th October 2024
Gov.uk - Poor governance at Mermaids amounted to mismanagement, inquiry reveals
Mermaids - Mermaids’ statement on the Charity Commission report’s findings
LGB ALLIANCE - The Charity Commission instructs Mermaids to apply the recommendations of the Cass Review
BBC - Trans charity Mermaids was mismanaged, regulator says
Guardian - Trans children’s charity told to rewrite guidance on puberty blockers
Herald - Charity watchdog says Mermaids must inform parents on chest binders
Shropshire star - Charities should follow Cass Review recommendations, says watchdog
Epping Forest Guardian - Charity watchdog says Mermaids must inform parents on chest binders
A Statement by Susie Green following the Charity Commission’s findings on Mermaids
Telegraph - Trans charity Mermaids told to take down false claims on puberty blockers
UK Fundraising - Poor management at Mermaids amounted to mismanagement, not misconduct, inquiry finds
Telegraph and Argus - Charity watchdog says Mermaids must inform parents on chest binders
Third Sector - Regulator finds governance failures at Mermaids but no evidence of medical misconduct
Unherd - Trans charity Mermaids let off lightly by investigation
ITV - Charity Commission finds trans charity Mermaids was mismanaged
Metro - Trans charity ‘unclear’ on puberty blockers but never gave medical advice, report finds
Talk TV - Mess for Mermaids. Trans children's charity told to rewrite guidance on puberty blockers.
23rd October 2024
The Times - Trans charity Mermaids gave children chest binders without telling parents
9 July 2023
The Observer - There’s no law says a charity can’t hold views you disagree with. Even on gender-identity issues
[VIDEO] Spiked - The triumph of the LGB Alliance
8 July 2023
Scottish Herald - Gay pioneer: ‘It’s depressing a lot of our good work is being trashed’
The Critic - Catching a mermaid
7 July 2023
The Critic - Why Mermaids lost
The National - Joanna Cherry: The LGB Alliance case should concern us all
6 July 2023
The Guardian - Trans charity Mermaids fails to have charitable status stripped from LGB Alliance
The Telegraph - Trans group Mermaids loses bid to have gay rights charity shut down
The Scotsman - Transgender rights group Mermaids loses case to have LGB Alliance stripped of charitable status
Evening Standard - Transgender group Mermaids loses challenge over gay rights charity’s status
[VIDEO] GB News Andrew Doyle - First interview with Bev Jackson and Kate Harris after judgment
The Times - Trans charity Mermaids loses case against LGB Alliance
BBC - Trans charity Mermaids loses challenge against LGB Alliance
The Spectator - Mermaids’ loss is a victory for a free society
Independent - Charity Commission urges tolerance of opposing views after tribunal ruling
Express and Star - Charity Commission urges tolerance of opposing views after tribunal ruling
Pink News - LGB Alliance retains charity status as Mermaids loses legal challenge
STV - Transgender group loses challenge over gay rights charity’s status
Attitude - Mermaids appeal against LGB Alliance charitable status dismissed
Metro - Charity Commission urges tolerance after Mermaids loses case against LGB Alliance
The Irish News - Charity Commission urges tolerance of opposing views after tribunal ruling
Charity Times - LGB Alliance retains charity status after tribunal rejects legal challenge
Civil Society - Mermaids loses appeal to strip LGB Alliance of charitable status
TFN - Controversial “anti-trans” group retains charity status after legal challenge
Third Sector - Mermaids loses landmark bid to strip gay rights group of charity status
Spiked - Why the LGB Alliance had to win
The Guardian - Mermaids v LGB Alliance: who was involved in tribunal case?
The Telegraph - The LGB Alliance has scored a victory for common sense
Wales Online - Trans children's charity Mermaids loses landmark case against gay rights organisation
[AUDIO] BBC Radio 4: World at One - Kate Harris discusses Mermaids lost legal challenge of LGBA
The Times - Lesbian tribunal win is good news for us all
[VIDEO] GB News - Peter Tatchell on Mermaids losing their legal challenge
On 2nd December 2022, UK's official Government website, Gov UK, announced the Charity Commission has opened a statutory inquiry into Mermaids, after identifying concerns about its governance and management. Mermaids released this Statement. More coverage on this as appears can be found here
25th Nov 2022
Mermaids Website - Susie Green leaves Mermaids (more coverage on this can be found here)
12 Nov 2022
The Telegraph - SNP MP in verbal attack on barrister is ‘a disgrace
10 Nov 2022
Good Law Project - Judgment awaited in appeal against LGB Alliance’s charity status
9 Nov 2022
8 Nov 2022
Pink News - Anti-trans LGB Alliance accuses trans charity Mermaids of an ‘offensive, homophobic conspiracy’
The Telegraph - Mermaids’ attempt to shut down gay charity is ‘profoundly homophobic’, tribunal hears
7 Nov 2022
Pink News - LGB Alliance’s claim to serve LGB people is ‘fanciful’, tribunal hears
Guardian - LGB Alliance provides ‘public benefit’, court hears, in case brought by trans group
Pink News - LGB Alliance: Legal bid to strip anti-trans group’s charity status resumes
3 Oct 2022
BBC Woman's Hour - BBC LGBT & Identity Correspondent, Lauren Moss discusses Mermaids investigation/LGBA case (Time: 17.47 into programme)
On 25th September, The Telegraph printed an exclusive story about Mermaids giving breast binders to children behind parents’ backs which has led to more concerns about the charity, all of which can be found here
16 Sept 2022
Spectator Australia - Divorcing the TQ from LGB
15 Sept 2022
The Guardian - LGB Alliance co-founder breaks down in court when asked to define ‘lesbian’
Spiked Online - Trans ideology is unravelling before our eyes
14 Sept 2022
The Guardian - ‘The Lie of Gender Identity spurred founding of LGB Alliance, court told’
Pink News - LGB Alliance co-founder claims Stonewall and Mermaids will ‘get rid of gay people’
The Post Millenial - Trans rights activists tell UK court lesbian group doesn't have the right to exist
Pink News - LGB Alliance co-founder claims Stonewall and Mermaids will ‘get rid of gay people’
13 Sept 2022
Pink News - Gay MP John Nicolson slams LGB Alliance for ‘deeply unhealthy obsession with genitals’ in court
Civil Society News - Tribunal hears charity’s appeal to remove LGB Alliance from register
12 Sept 2022
The Guardian - Gay rights group was set up ‘to promote transphobic activity’, court told
Pink News - LGB Alliance lawyer compares trans healthcare in UK to ‘forced transition’ in Iran
The Telegraph - Tavistock clinic ‘putting young gay people at risk by treating them as trans’
9 Sept 2022
The Guardian - Judge to consider trans charity’s appeal to strip LGB Alliance of legal status
20 Nov 2021
Daily Mail - Trans lobby group Stonewall brands lesbians 'sexual racists'